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HomeMy WebLinkAbout10143 ORD - 03/10/19717 I . THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 10th day of March, 1971,,the City Council of the City of Corpus Christi, Texas, convened in Regular Meeting, with the following members of said Council present, to -wit: Jack R. Blackmon, Mayor V. A. Bradley, Jr, Eduardo E. deAses Gabe Lozano, Sr. Ken McDaniel : Commissioners W. J. Roberts T. Ray Kring, City Secretary with the following absent:��e�t�C� constituting a quorum, at which time the following among other business was transacted: Mr. Blackmon, Mayor, presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communica -i tion in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas March 10, 1971 "TO THE CITY COUNCIL Corpus Christi, Texas Gentlemen: "The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of bonds contemplated to be issued pursuant to an ordinance create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the proposed ordinance authorizing the issuance of bonds as an emergency measure. You will please consider this request in connection with the ordinance which is to be introduced for passage by the City Council on this subject. "Yours very truly, JACK R. BLACKMON_ MAYOR, THE CITY OF CORPUS CHRISTI, TEXAS JOIL43 i r Commissioner ". 4�4C-O moved that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the � ordinance. The motion was seconded by Commissioner 1(C/au,L The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Bradley, deAses, Lozano, ' McDaniel, Roberts andemorn. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner � °— moved that the ordinance be passed finally. The motion was seconded by Commissioner cti The motion was carried by the following vote: cJ AYES: Commissioners Bradley, deAses, Lozano, McDaniel, Roberts and 94zeffere. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. .The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. /0/40 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $3,000,000 CITY OF CORPUS CHRISTI, TEXAS, GENERAL IMPROVEMENT BONDS, SERIES 1971, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFI- CIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMP- TION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. WHEREAS, it is deemed advisable and to the best interest of the City that various purpose bonds authorized at an election heretofore held in said City be combined in a single issue and sold at this time, the date of the elec- tion, amount of bonds authorized tbereat, purpose, amount of bonds previously sold and the amount now to be sold being as follows: DATE OF AMOUNT PROPOSITION NUMBER AMOUNT PRE - AMT NOW ELECTION AUTHORIZED AND PURPOSE VIOUSLY SOLD OFFERED 2%14170 $ 250,000 5- Marina Improvements $ 50;000 '$200,000 2/14/70 $ 980,000 3- Service Center Imp. 100,000 880,000 2/14/70 2,100,000 4- Sanitary Sewer Imp. 360,000 650,000 2/14/70 2,470,000 2- Drainage Improvements 880,000 500,000 2/14/70 4,910,000 6- Street Improvement 1,474,000 770,000 and . WHEREAS, it is hereby officially found and determined• that a case of emergency or urgent public necessity exists which requires the holding-of the meeting at which this Ordinance is passed, such emergency or public necessity being that the proceeds from the proposed bonds are required as soon as possible and wilth- out delay for necessary and urgently needed public improvements! that this meeting was open to the public as required by law; and that public notice of the time, place, and purpose of this. ing was given as required by Vernon's Ann. Civ. St. Article 6252 -17, as amended. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That said City's coupon bonds to be designated the "City of Corpus Christi, Texas, General Improvement Bonds, Series 1971," are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas in the principal amount of $3,,000,000 for the following purposes, to -wit: $200,000 for the purpose of permanent public improvements, to -wit: construction of marina improvements, including concession and restroom facilities, replacement of piers and pilings, and other improvements; $880,000 for the purpose of permanent improvements for service center at the Ayers Street site, including sanitation and street operating yards, maintenance facilities,'and shops; $650,000 for the purpose of constructing improvements to the sanitary sewer system, including residential lines in Flour Bluff and along Leopard Street, Oso Treatment Plant Improvements, Lawnview trunk line, and the Kostoryz Station force main, and other sanitary sewer improvements; $500,000 for the purpose of constructing drainage improvements, including Brownlee - Leathers Area, Mayfield Road and Starlite Lane, Richter Street area, Norton, Gardendale Area, McBride, Staples- Woolridge Outfall, Flour Bluff Area, Westchester, Santa Fe, Hearn Road Outfall, Kostoryz Road and other neighborhood drainage improvements; and $770,000 for the purpose of improving the streets of the City, including South Staples from Padre Island Drive to Saratoga, North Alameda, McBride Lane, Gollihar from Caddo to Airline, Horne Road, Padre Island Drive lighting, West Point Road, Greenwood Drive, Violet Road, McKenzie Road, Prescott, Airline from Alameda to Ocean Drive, N.A.S. Drive, Ayers from Norton to Port, Neighborhood streets and sidewalks, and other street and sidewalk improvements. 2. That said bonds shall be dated March 1, 1971, shall be numbered consecutively from 1 through 600, shall be in the denomination of $5,000 each, and shall mature and become due, and. payable serially on, March 1 in each of the years.,, and in the amounts, respectively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1972 $100,000 1981 $150,000 1973 100,000 1982 150,000 1974 100,000 1983 200,000 1975 100,000 1984 200,000 1976 .100,000 1985 200,,.000 1977 100,000 1986 200,000 1978 100,000 1987 200,000 1979 150,000 1988 200,000 1980 150,000 1989 250,000 1990 250,000 3. That as to said bonds scheduled to mature on and after March 1, 1982, said City shall have the right and option to redeem such bonds prior to their scheduled maturities, in whole or in part, in their inverse numerical order, on March 1, 1981, or on any interest payment date thereafter, for the prin- cipal amount thereof plus accrued interest to the date fixed for redemption, plus a premium of 22%, such premium to be reduced Jk of 1% on March 1 of each year thereafter. At least thirty days before the date fixed for any such redemption, the City shall cause a written notice of such redemption.to be published at least once in a financial publica• tion printed in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be so redeemed, plus accrued interest thereon to the date fixed for redemption and any premium as required above. If the written notice of redemption is published, and if due provision for such payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. 4. That said bonds shall bear interest from their date, until maturity or redemption, at the following rates; all bonds scheduled to mature during the years 1972 through 190 - -- G ^u % per annum; all bonds scheduled to mature during GG,, the years 19cb[ through 19� - - -S D % per annum; all bonds scheduled to mature during the years 19f5 through 1986 - -- W%D % per annum; all bonds scheduled to mature during '/ n the years 19ij through 19PJ - -- / X 0 % per annum; all bonds scheduled to mature during the years 19,f"/ through 19%6 - - -, 6e,9 % per annum; with said interest to be evidenced by interest coupons payable on September 1, 1971, and semi - annually thereafter on each March 1 and September 1. 5. That the principal of and interest on said bonds shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of proper bond or interest coupon, at Corpus Christi State National Bank, Corpus Christi, Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, which places shall be the paying agents for said bonds. 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City shall be impressed, or printed, or lithographed on each of said bonds. 7. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public _ Accounts of the State of Texas to be printed and endorsed on each bond, and the-form of the interest coupons to be attached to said bonds, shall be, respectively, substantially as follows: (FORM OF BOND) NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND SERIES 1971 On March 1, 19_, the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum; evidenced by interest coupons payable September 1, 1971, and semi - annually thereafter on each March 1 and September 1 while this bond-is outstanding. The principal of this bond and the interest coupons attached hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the Corpus Christi State National Bank, Corpus Christi; Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, which places shall be the paying agents for this Series of bonds. This bond is one of a Series of coupon bonds dated March 1, 1971, issued in the principal amount of $3,000,000 for the following purposes, to -wit: $200,000 for the purpose of permanent public improvements, to -wit: construction of marina.improvements, including concession and restroom facilities, replacement of piers and pilings, and other improvements; $880,000 for the purpose of permanent improvement: for service center at the Ayers Street site, including sanita- tion and street operating yards, maintenance facilities, and shops; $650,000 for the purpose of constructing improvements to the sanitary sewer system, including residential lines in Flour Bluff and along Leopard Street, Oso Treatment Plant improvements, Lawnview trunk line, and the Kostoryz Station force main, and other sanitary sewer improvements; $500,000 for the purpose of constructing drainage improvements, including Brownlee- Leathers Area, Mayfield Road and Starlite Lane, Richte: Street area, Norton, Gardendale Area, McBride, Staples- Woolridg Outfall, Flour Bluff Area, Westchester,-Santa Fe, Hearn Road Outfall, Kostoryz Road and other neighborhood drainage improve- ments; and $770,000 for the purpose of improving the streets of the City, including South Staples from Padre Island Drive to Saratoga, North Alameda, McBride Lane, Gollihar from Caddo to Airline, Horne Road, Padre Island Drive lighting,'West Point Road, Greenwood Drive, Violet Road, McKenzie Road, Prescott, Airline from Alameda to Ocean Drive, N.A.S. Drive, Ayers from Norton to Port, neighborhood streets and sidewalks, and other street and sidewalk improvements. The bonds of this Series scheduled to mature on and after March 1, 1982, may be redeemed prior to their scheduled maturities, in whole, or in part in inverse numerical order, at the option of said City, on March 1, 1981, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption, plus a premium of 22%, such premium to be reduced k of 1% on March 1 of each year thereafter. At least thirty days before the date fixed for any such redemption the City shall cause a written notice of such redemption to be published at least once in a i -I financial'publication printed in the City of-'New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be redeemed, plus_ accrued interest thereon to the date fixed for redemption, and any premium as required above. If the written notice of redemption is published, and if due provision for' such payment is made, all as provided above, the bonds, which are to be,so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. It is hereby certified and recited that this bond has been duly and validly voted, authorized, issued, and delivered in, accordance with the Constitution and laws of the State of Texas; that this bond is a general obligation of said City, issu on the full faith and credit,thereof; and, that the ad valorem taxes, upon all taxable property.in said City, necessary to pay Lb interest on and principal of this bond, as such interest comes due, and such principal matures, have been pledged irrevocably for such purpose, within the limit prescribed by law. In witness whereof, this bond and the interest coupons attached hereto have been signed by the imprinted or lithographe facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the Ci Secretary of said City, and the official seal of said City has been duly impressed, or printed, or lithographed on this bond. City Secretary, City of Corpus Mayor, City of Corpus Christi, Christi,, Texas Texas (FORM OF REGISTRATION CERTIFICATE) COMPTROLLERS REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas; and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (FORM OF INTEREST COUPON) NO. On 19_, the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer, unless due provision has been made for the redemption prior to maturity of the bond to which this interest coupon is attached, the amount of Dollars in lawful money of the- United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon, at the Corpus Christi State National Bank, Corpus Christ', Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, said amount being interest due that day on the bond, bearing the number herein- after designated, of that issue of City of Corpus Christi, Texas, General Improvement Bonds, Series 1971, dated March 1, 1971. Bond No. City Secretary Mayor 8. That,a special fund or account, to be designated the "City of Corpus Christi, Texas, General Improvement Bonds, Series 1971, Interest and Sinking Fund" is hereby created and shall be established and maintained by said City at its officia depositary bank. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All taxes levied and-collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said. City, with full allowances being made for tax delinquencies and costs of tax collections, which will be sufficient to raise and produce the money required to pay the interest on said bonds as such interest comes due, and to provide a sinking fund to pay the principal of such bonds as such principal matures, but never less than 2% of the original principal amount of said bonds as + sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes necessary to pay the interest on and principal of said bonds, as such interest comes due, and such principal matures,,are hereby pledged irrevocably for ,such purpose, within the limit prescribed by law. 9. The sale of the bonds herein authorized to A0 A , , -,.. . at a price of pay and accrued interest to date of delivery, plus a premium of $,60.0,0 , is hereby confirmed. Delivery of such bonds shall be made to such purchasers as soon as may be after the passage of this ordinance upon payment therefor in accordance with the terms of the sale. 10. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's•Registra- tion Certificate prescribed herein to be printed and endorsed on each bond, and the seal of said;Co 'troller shall be impressed, or printed, or lithographed on each of said bonds. 11. It is hereby officially found and determined that-the meeting at which said bonds were authorized was open to the public as required by law and public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann. Civ. St. Article 6252 -17, as amended. 12. That the City covenants that the proceeds from the sale of the bonds will be used as soon as practicable for the purposes for which the bonds are issued and will not be invested in securities or other obligations except for the temporary period pending such use. The City further covenants that such proceeds will not be used directly or indirectly so as to cause all or any part of the bonds to be or become "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended. 13. The fact that the contemplated use of the proceeds of the bonds is necessary for the orderly develop- ment and growth of the City of Corpus Christi, Texas, creates a public emergency and an imperative public necessity requiring the suspension of the Charter Rule providing that no ordinance or resolution shall be passed finally on the date it is intro- duced and that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that said Charter Rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, it is accordingly so ordained. 14. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. PASSED AND APPROVED this the /—L day of March, 1971. 'aw m two Maygr, City of Corpus Christi, Texas ATTEST: City Secre ary, City of - Corpus C isti, Texas The foregoing ordinance was approved prior to passage as to form and correctness this �`— day of March, 1971. Zzy / � � f�' --I City /Attorney, City -Corpus Christi, Texas